Public Procurement & Projects
Zepos & Yannopoulos has significant expertise in public procurement and infrastructure projects. We advise clients, most often international legal entities, on a wide array of legal and tax related issues.
We advise state-owned companies and other awarding authorities in connection with the launch of public tenders, monitor the tenders, draft and negotiate the relevant public contracts. For instance, we acted on behalf of the Organizing Committee for the Olympic Games, Athens 2004, in relation to the award of an exclusive broadcasting contract for the Athens 2004 Olympic Games.
We advise clients who participate in public tenders or are involved in public procurement litigation and assist them in the negotiation of contracts awarded through public procurement procedures.
We regularly advise foreign clients with respect to their participation in public procurement tenders related to defence contracts. We advise on the preparation of bids, negotiations with the Greek State, the Greek Military Forces and State controlled entities on the award of contracts and offsets, DIP issues and compliance issues including limitations on commissions to agents for government procurements. We often advise US clients with respect to FCPA issues with a Greek component. In this respect indicative recent projects include advice to a Swedish contractor for the award of a contract for the procurement of four airborne radar systems to the Hellenic Airforce, and to a French/German contractor in the context of procurement of twenty four helicopters to the Ministry of Defence and the provision of the relevant off-sets to the Greek state. We also advise US Defence Contractors on a regular basis on various tender and compliance related legal and tax issues.
With respect to infrastructure projects, we regularly advise foreign clients on the optimal structure for undertaking their operations in Greece and on the ensuing tax implications and obligations, including corporate income tax issues with respect to contractors and subcontractors. In conjunction with such activities, we frequently advise on the allocation of Greek and foreign source income, foreign tax credit planning, intra-company arrangements and transfer pricing related issues.
For example we have advised:
Public Procurement
- The PSA Group on its bid for the Thessaloniki & Piraeus Port Authority Tenders for the long term concession of container terminals
- A consortium led by IVECO in the context of litigation for the procurement of thermal buses
- A consortium of Greek construction companies and foreign investors on their bids for the first wave of PPP (ΣΔΙΤ) projects in Greece (Fire Stations Project, Piraeus Police Headquarters, West Peloponnese University, Paediatric Hospital of Thessaloniki)
- Bull with respect to its participation in numerous IT-related tenders
- Leroy Merlin on the participation in a tender of the Athens International Airport concerning the concession of a space at the Retail Park next to the airport
- Mizuho Bank (formerly Fuji Bank) on its participation in a tender for the strategic management of Hellenic Tourist Properties. We have provided legal and tax support to Mizuho throughout the project involving the strategic and analytical planning for developing more than 150 properties situated all over Greece
- Hellenic Post with respect to the award of a contract for the provision of an integrated information system
- A consortium led by Bank of America on its participation to a tender for the privatization of the Hellenic Horse Racing Organization
- Telcordia Technologies, Inc. in connection with the award for the development, installation and maintenance of the National Reference Database for Portability by the National Telecommunications and Post Commission
- Atos Origin (formerly SchlumbergerSema) in all aspects of its participation in a great variety of public tenders of Greek state companies, including legal review of the relevant contractual terms, preparation of required documentation, etc
- Urbaser (member of the Spanish construction group Dragados) in relation to its participation in a Joint Venture which was awarded a Euro 50 million tender by ATHOC, undertaking the project of Cleaning, Collection and Sustainable Waste Management Services for the Athens Olympics
- Aggreko on a variety of legal issues in connection with the tender "for the selection of Exclusive Official Supplier for Services ensuring the supply of electrical power including the necessary design studies for the Olympic and Parolympic Games"
- Infostrada on the award of the project of the provision of athlete, coach and referee biographies and historical and statistical data services for the Athens Olympic Games.
Infrastructure Projects
- Ansaldo Breda in relation to tax issues deriving from their participation in the consortium for the construction of the Thessaloniki Metro
- VINCI Construction Grands Projets on tax issues arising from their participation in the Apion Kleos joint venture for the construction of Olympia Odos
- Euroionia and E-65 construction consortia (set up by Dragados, Ferrovial and TERNA) in relation to the Ionia Odos and the Central Greece Motorway (E65) Projects (design and construction works)
- A US petroleum company with respect to their participation in the consortium set to construct and operate the Burgas Alexandroupolis Pipeline cross border project
- "Thescros", a consortium set up by Pantechniki, Attikat, FCC Construccion and E. Pihl & Son AS in relation to the legal and tax implications of the Thessaloniki Submerged Tunnel project during the tender phase. Furthermore, we have collaborated with Macquarie, the financial adviser of the consortium, and have advised on the tax and accounting assumptions of the project's financial model
- The members of Ellinikes Diadromes (i.e. FCC, Somague/Sacyr, Attikat, Pantechniki and Prodeftiki) in relation to the tender phase of the Central Greece Motorway (E65) Project (designs, financing, construction and operation) and the tax implications of the concession agreement for the construction companies and the concessionaire. Furthermore, we have provided tax and accounting advice to Royal Bank of Scotland that was acting on behalf of the construction consortium
- Macquarie in relation to the envisaged participation in a joint venture for the Maliakos Kleidi project, especially regarding the optimal corporate structure for the establishment and operation of the joint venture
- Macquarie in relation to the contemplated acquisition of a stake in Attiki Odos, especially in connection with the implications under the corporate and financing documents pertaining to the establishment and operation of Attiki Odos
- Hitachi on all issues arising in relation to its participation in a Attico Metro Tender, including public procurement, provision of services, corporate and joint venture issues
- Bouygues Travaux Publics and Systra-Sofretu in relation to tax issues deriving from the Concession Contract for the financing, planning and construction of the Thessaloniki Metro
- European Investment Bank on the financing of the construction of the Athens Airport and its secondment agreements.
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